MEFLIGHT

From company policy to federal crime?

CDC — Issues Order That Makes Not Wearing A Mask On Public Transportation A Federal Crime

Updated Jan 30, 2021, 10:28am EST



https://www.forbes.com/sites/tommybeer/2021/01/30/cdc-order-makes-not-wearing-a-mask-on-public-transportation-a-federal-crime/?sh=7e2c27c816d4


https://news.yahoo.com/massachusetts...100018864.html

Thedude

When did the CDC become a law making body?

ACEssXfer

This is a very, very good question.

LabDad06

It rubs the lotion on its skin. It does this whenever it's told.

CincoDeMayo

It seems the CDC has the ability to issue an "Order" when dealing with emergency public health issues. The CDC claims this Order falls under the existing authority of US Code 42.264 Regulations to Control communicable diseases.

Also seems an "Order" is just as enforceable as a "law" from the legislature. That an Order is enforceable as long as it doesnt violate a state or federal constitution and the order falls within the power granted by the legislature; which they claim it is under US Code 42.264.

NotMrNiceGuy

This is the problem with big government. If the bureaucracy becomes large enough, the legislators don’t have to be held to account because they can just blame [insert government created pseudo-representative authority].

C11DCA

the statutory authority (which means the law) dates back to 1944 with several amendments since then.

https://casetext.com/statute/united-...cable-diseases




https://uscode.house.gov/view.xhtml?req=(title:42%20section:264%20edition relim)

Ex. Ord. No. 13295, Apr. 4, 2003, 68 F.R. 17255, as amended by Ex. Ord. No. 13375, §1, Apr. 1, 2005, 70 F.R. 17299; Ex. Ord. No. 13674, §1, July 31, 2014, 79 F.R. 45671, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 361(b) of the Public Health Service Act (42 U.S.C. 264(b)), it is hereby ordered as follows:

Section 1. Based upon the recommendation of the Secretary of Health and Human Services (the "Secretary"), in consultation with the Surgeon General, and for the purpose of specifying certain communicable diseases for regulations providing for the apprehension, detention, or conditional release of individuals to prevent the introduction, transmission, or spread of suspected communicable diseases, the following communicable diseases are hereby specified pursuant to section 361(b) of the Public Health Service Act:
(a) Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox; Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named).
(b) Severe acute respiratory syndromes, which are diseases that are associated with fever and signs and symptoms of pneumonia or other respiratory illness, are capable of being transmitted from person to person, and that either are causing, or have the potential to cause, a pandemic, or, upon infection, are highly likely to cause mortality or serious morbidity if not properly controlled. This subsection does not apply to influenza.
(c) Influenza caused by novel or reemergent influenza viruses that are causing, or have the potential to cause, a pandemic.

Sec. 2. The Secretary, in the Secretary's discretion, shall determine whether a particular condition constitutes a communicable disease of the type specified in section 1 of this order.

Sec. 3. The functions of the President under sections 362 and 364(a) of the Public Health Service Act (42 U.S.C. 265 and 267(a)) are assigned to the Secretary.

Sec. 4. This order is not intended to, and does not, create any right or benefit enforceable at law or equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.

Sec. 5. Executive Order 12452 of December 22, 1983, is hereby revoked.

Xtreme87

You should watch the movie Songbird. Department of sanitation...

Av8rPHX

Can’t wait to see all of the suddenly empowered Karen FAs and TSA clerks who are going to start dropping the hammer on people with little to no recourse.


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CptnDave

They already say it the boarding announcements now that you’ll face criminal charges. My favorite thing is when they go off script and start adding their own interpretations of the mask rules. I had a flight attendant tell the pax the other day that “we aren’t practicing social distancing, we’re practicing physical distancing” then went row by row and individually allowed pax to de-plane. Unreal.